MOTTO v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

No. 8849.

462 P.2d 620 (1969)

81 N.M. 35

Carmen MOTTO, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

December 29, 1969.


Attorney(s) appearing for the Case

Sheehan, Duhigg & Cronin, William C. Erwin, Albuquerque, for plaintiff-appellant.

Eugene E. Klecan, Albuquerque, for defendant-appellee.


OPINION

COMPTON, Justice.

Appellant appeals from a summary judgment. The appellant, the insured under the terms of an insurance policy issued by appellee, sought to recover medical payments allegedly due under the policy. The facts are not in controversy. Appellant sustained a personal injury in an automobile collision and, without the knowledge of appellee, settled with the party responsible therefor, thereby giving a full release and discharge from liability...

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